Babu Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33337 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- MAHILA PS District- Darbhanga ====================================================== BABU PRASAD YADAV S/o Thika Yadav, R/o Village- Kiratpur, P.S.- Alinagar, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Devi W/o Babu Prasad Yadav R/o Village- Kiratpur, P.S.- Alinagar, District- Darbhanga, present Address- D/o Baijnath Yadav, R/o VillageSuhat, P.S.- Bahera, District- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-10-2022 The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 70 of 2020 registered for offence punishable under sections 323, 341, 379, 498A, 494/34 of the Indian Penal Code.

As per allegation, the petitioner, who is husband of informant, Babita Devi tortured her and he badly assaulted her. Lastly the petitioner ousted the informant from her matrimonial house.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33337 of 2021(5) dt.11-10-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. In order to explore the possibility of resolution of the dispute, the notice was sent to opposite party no. 2, Babita Devi, but none appeared on her behalf despite the fact that the notice has personally been served upon her. The fardbeyan shows itself that the marriage has taken place fourteen years ago and two children aged about 12 years and 9 years were born out of wedlock of the couple. Considering the above mentioned facts and circumstances, the petitioner above named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.

10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Mahila P.S. Case No. 70 of 2020, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.